Jan272026
Wrongful Death

Are my hospital records enough to support an injury claim if I don’t have an accident report? – North Carolina

Short Answer

Hospital records can strongly support the “injury” part of a North Carolina car-crash claim, but they usually are not enough by themselves to prove how the crash happened or who was at fault. Without an accident report, the claim often turns on other proof of liability (photos, witnesses, vehicle damage evidence, 911 records, and insurance information). If the other driver is unknown or cannot be identified, uninsured motorist (UM) coverage may apply, but it can trigger fast reporting and notice requirements.

Understanding the Problem

In North Carolina, can an injured person rely on hospital records alone to support an injury claim when there is no police crash report and the other driver’s identity or insurance coverage is unclear? The decision point is whether medical documentation can substitute for proof of the crash details needed to hold a specific driver (or an insurance policy) responsible. This question commonly comes up after a car wreck where emergency care happened right away, but law enforcement did not create a report or the report cannot be located.

Apply the Law

North Carolina injury claims generally require proof of (1) fault, (2) causation, and (3) damages. Hospital records are usually strong evidence of diagnosis, treatment, and timing, and North Carolina law provides a practical path for hospital records to be received as evidence when properly produced or supported. But medical records typically do not establish who caused the crash, whether a driver violated a traffic rule, or even the identity of the at-fault driver. When the at-fault driver is unknown, the claim may shift toward uninsured motorist coverage, which can require prompt reporting and notice.

Key Requirements

  • Proof of fault (who caused the crash): Evidence must show the other driver acted carelessly or broke a driving rule and that this caused the collision. A hospital chart usually records what the patient reported, not an independent investigation of fault.
  • Proof the crash caused the injuries (medical causation): Records should connect symptoms and diagnoses to the crash timing and mechanism, and show consistent complaints and follow-up care. Gaps in treatment can make this harder.
  • Proof of damages (what was lost): Hospital bills, treatment notes, and discharge instructions can support medical expenses and the seriousness of injury, but additional records often help (follow-up providers, therapy, work restrictions, and similar documentation).

What the Statutes Say

Analysis

Apply the Rule to the Facts: The hospital records help prove that treatment happened after the crash and document the injuries and medical expenses. They do not, by themselves, reliably prove who caused the collision or identify the other driver, especially where the other driver’s identity and insurance are unclear. Without an accident report, the claim usually needs other evidence to establish fault and to connect the crash to a specific person or insurance policy, and UM coverage may become the main path if the other driver cannot be identified.

Process & Timing

  1. Who files: The injured person (or counsel) typically opens an insurance claim and gathers records. Where: With the at-fault driver’s insurer if identified, or with the injured person’s own auto insurer for UM coverage; medical records may later be filed in North Carolina District or Superior Court if a lawsuit is needed. What: Hospital records, itemized bills, discharge instructions, and follow-up records; if UM is involved, the insurer may request a written notice and additional information on its forms. When: As soon as possible after the crash, especially if the other driver is unknown.
  2. Build non-medical proof of fault: Collect crash-scene photos, vehicle photos, witness names, 911/dispatch information, tow records, and any communications with the other driver. If law enforcement was contacted, request any available report or confirmation of whether a report exists.
  3. Confirm coverage and preserve the claim: If the other driver cannot be identified, evaluate UM coverage and comply with reporting and notice requirements. If a lawsuit becomes necessary, it is filed in the proper North Carolina trial court and served under North Carolina civil procedure rules.

Exceptions & Pitfalls

  • Medical records can be challenged on “cause,” not just “injury”: A chart may say “patient reports MVC,” but insurers often argue that the records do not prove the crash mechanics or that symptoms came from something else.
  • Unknown driver issues: When the other driver cannot be identified, the case may depend on UM coverage rules and documentation; missing the early reporting/notice steps can create avoidable disputes.
  • Gaps and inconsistencies: Delays in treatment, missing follow-up, or inconsistent histories in medical notes can weaken the causation story even when the injuries are real.

Conclusion

In North Carolina, hospital records are important evidence of injuries and treatment, and state law provides a clear way for hospital records to be used in a case when properly produced. But hospital records usually do not replace an accident report for proving how the crash happened, who was at fault, or even who the other driver was. The practical next step is to preserve and gather non-medical proof of the crash and promptly notify any applicable insurer—especially if uninsured motorist coverage may apply and the other driver cannot be identified.

Talk to a Wrongful Death Attorney

If a crash caused serious injuries and there is no accident report or the other driver’s identity and insurance are unclear, our firm has experienced attorneys who can help sort out what evidence is needed and what timelines may apply. Call us today at [919-341-7055].

Disclaimer: This article provides general information about North Carolina law based on the single question stated above. It is not legal advice for your specific situation and does not create an attorney-client relationship. Laws, procedures, and local practice can change and may vary by county. If you have a deadline, act promptly and speak with a licensed North Carolina attorney.

Category: Wrongful Death

Author: Pierce Law

Pierce Law Group is a North Carolina law firm focused on probate administration, real estate partition matters, and surplus funds claims across North Carolina. We know these situations often come with stress, family dynamics, and time-sensitive decisions—so we prioritize clear communication, steady guidance, and a practical plan from day one. Our goal is to make a complicated process feel manageable, while protecting what matters most to you.